The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.

JUDGMENT :

(Chandra Shekhar Jha, J.)

1. Heard learned counsel for the appellants and learned Special P.P. for the State.

2. This appeal has been filed for setting aside the order dated 25-09-2023 passed by learned Addl. District and sessions Judge Ist cum special Judge, Madhepura in SC/ST (Comp.) Case No. 50/2022, whereby the learned trial court has taken cognizance of the matter under Sections-341, 323, 354(B), 504 of the IPC as well as sections-3 (1) (r) and (s) of The Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act 1989. These appellants have not filed any such appeal against the order dated 25-09-2023 earlier before this Hon'ble Court. However, the appellants filed a criminal revision application bearing CR REV No-820/2023 which has been held to be not maintainable by one of learned co-ordinate Bench vide order dated 19-02-2024 with liberty to file an appeal.

3. Hence, this appeal was preferred in view of provision as available under Section 14(3)A of SC/ST Act.

4. Learned Special PP Mr. Binay Krishna, during the course of proceeding, placed service report, of notice, issued to opposite party no. 2 which was taken on record. It appears that despite of service of notice, in terms of order dated 04.07.2024, informant/respondent no. 2 failed to join the present proceeding.

5. The case of prosecution in brief speaks that the appellants had entered the house of opposite party no. 2 on 11.11.22 at about 1.00 PM, when she was about to go for her daily ritualistic worship at her residence. It alleged further that appellants molested her and also made an attempt to tear her cloths and looted her belongings. Abusing by caste name is also available.

6. Mrs. Ruchi Mandal, learned counsel appearing on behalf of the appellants submitted that entire allegation appears to be raised in the background of land dispute, which is civil in nature, where present criminal complaint case was registered only with ulterior and oblique motive with harassing attitude. In support of the submissions learned counsel relied upon the report of Hon’ble Supreme Court in the case of Usha Chakraborty and Another Vs. State of West Bengal and Another as reported in (2023) SCC Online SC 90.

7. It is submitted that the strip of land in question, admittedly not claimed with any proof by the respondents as it appears from bare perusal of complaint petition. No members of the public was present besides their own family, when the accused/appellants alleged to abuse by caste name.

8. While concluding the argument learned counsel submitted that from the narration of complaint petition nothing appears, primafacie, being indicative of the fact that the present occurrence took place out of atrocities as defined under SC/ST (POA) Act, 1989. In support of the submissions learned counsel relied upon the report of Hon’ble Supreme Court in the case of Gulam Mustafa Vs. State of Karnataka and Another as reported in (2023) SCCOnLineSC603. It is also submitted that complaint petition is not suggesting any dishonest intention made by the appellants to make O.P. No. 2 landless and as such no, primafacie, case as alleged made out from complaint. It is submitted that complaint petition is not supported by affidavit, and is also not appears that any attempt was made to lodge this case with police.

9. It would be apposite to reproduce the para nos. 30 and 31 of the Priyanka Srivastava Case (supra),which reads as under:-

30. In our considered opinion, a stage has come in this country where Section 156(3) CrPC applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsi